| SB 4 - Land, Water, Wildlife, Recreation Heritage Fund - create |
First Reader Summary
A bill to amend Chapter 3 of Title 12 of the Official Code of
Georgia Annotated, relating to parks, historic areas, memorials,
and recreation, so as to create the Land, Water, Wildlife, and
Recreation Heritage Fund; to provide for definitions; to provide
for the administration of the heritage fund; to provide for the
funding of the heritage fund; to provide for contributions to the
heritage fund; and for other purposes.
| Senate |
Action |
House |
| 1/12/99 |
Read 1st time |
|
SB 4 99 LC 18 9151
SENATE BILL 4
By: Senators Land of the 16th, Egan of the 40th,
Johnson of the 1st and others
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend Chapter 3 of Title 12 of the Official Code of
1- 2 Georgia Annotated, relating to parks, historic areas,
1- 3 memorials, and recreation, so as to create the Land, Water,
1- 4 Wildlife, and Recreation Heritage Fund; to provide for
1- 5 definitions; to provide for the administration of the
1- 6 heritage fund; to provide for authorized expenditures from
1- 7 the heritage fund; to provide for the funding of the
1- 8 heritage fund; to provide for contributions to the heritage
1- 9 fund; to provide for transfers to the heritage fund by
1-10 governmental entities; to provide for the dedication and
1-11 deposit of revenues into the heritage fund; to provide that
1-12 funds deposited or transferred into the heritage fund shall
1-13 not lapse at the end of a fiscal year; to provide for the
1-14 promulgation of rules and regulations; to provide for the
1-15 authority of the Department of Natural Resources with
1-16 respect to the administration of the heritage fund; to
1-17 provide for appropriation by the General Assembly; to
1-18 provide for the creation of a Land, Water, Wildlife, and
1-19 Recreation Heritage Fund Advisory Council; to provide for
1-20 membership and functions of such council; to provide for an
1-21 annual report; to amend Article 1 of Chapter 5 of Title 48
1-22 of the Official Code of Georgia Annotated, relating to
1-23 general provisions regarding ad valorem taxation, so as to
1-24 change certain provisions regarding the manner and time of
1-25 making the state ad valorem tax levy; to provide a
1-26 conditional effective date and for automatic repeal; to
1-27 repeal conflicting laws; and for other purposes.
1-28 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
1-29 SECTION 1.
1-30 Chapter 3 of Title 12 of the Official Code of Georgia
1-31 Annotated, relating to parks, historic areas, memorials, and
1-32 recreation, is amended by adding at the end a new Article 10
1-33 immediately following Article 9 to read as follows:
-1-
2- 1 12-3-630.
2- 2 This article is passed pursuant to the authority of
2- 3 Article III, Section IX, Paragraph VI(k) of the
2- 4 Constitution.
2- 5 12-3-631.
2- 6 As used in this article, the term:
2- 7 (1) 'Department' means the Department of Natural
2- 8 Resources.
2- 9 (2) 'Heritage fund' means the Land, Water, Wildlife, and
2-10 Recreation Heritage Fund created by Code Section
2-11 12-3-632.
2-12 12-3-632.
2-13 (a) There is created the Land, Water, Wildlife, and
2-14 Recreation Heritage Fund as a separate fund in the state
2-15 treasury. The director of the Office of Treasury and
2-16 Fiscal Services shall credit to the heritage fund all
2-17 amounts dedicated, transferred, or contributed to such
2-18 heritage fund and shall invest the heritage fund moneys in
2-19 the same manner as authorized for investing other moneys
2-20 in the state treasury.
2-21 (b) The heritage fund shall be funded in accordance with
2-22 the provisions of this article. All moneys deposited in
2-23 or transferred to the heritage fund shall not lapse to the
2-24 general fund at the end of the fiscal year.
2-25 (c) The moneys deposited in the heritage fund may be
2-26 appropriated and expended only for the purposes of:
2-27 (1) Assisting local governments with grants to be used
2-28 for the acquisition and improvement of parks and
2-29 recreational facilities; and
2-30 (2) For acquiring, conserving, managing, or preserving
2-31 Georgia's natural and historic areas, water resources,
2-32 or wildlife habitats that meet or achieve one of the
2-33 following purposes:
2-34 (A) The conservation and protection of native wildlife
2-35 habitat;
2-36 (B) The conservation and protection of rare,
2-37 threatened, or endangered species habitat;
-2-
3- 1 (C) The protection of watersheds of streams that are
3- 2 used for public water supply;
3- 3 (D) The protection of the purity of ground water;
3- 4 (E) The protection of river corridors;
3- 5 (F) The protection of wetlands;
3- 6 (G) The protection of mountain or coastal areas;
3- 7 (H) The conservation of land to provide a park or
3- 8 public recreation area which is made significant by
3- 9 reason of its natural features or scenic beauty, or of
3-10 land that may be adjacent thereto;
3-11 (I) The preservation of significant historical,
3-12 archeological, or cultural areas;
3-13 (J) The rehabilitation of historic or prehistoric
3-14 resources that are owned or operated by local
3-15 governments or nonprofit organizations that are listed
3-16 in or eligible for listing in the Georgia Register of
3-17 Historic Places and that meet funding guidelines as
3-18 provided by rules and procedures of the Heritage 2000
3-19 program; or
3-20 (K) The administration of the heritage fund and the
3-21 management of any state owned or state operated area
3-22 that is acquired or purchased for one of the other
3-23 purposes provided for in this subsection.
3-24 12-3-633.
3-25 The heritage fund shall be funded by an annual transfer to
3-26 the fund of an amount equal to 80 percent of the moneys
3-27 derived from the annual levy of state ad valorem taxes
3-28 pursuant to Article VII, Section I, Paragraph II of the
3-29 Constitution and Code Section 48-5-8 and from other
3-30 sources as authorized in this article.
3-31 12-3-634.
3-32 After January 1, 2001, any person or entity is authorized
3-33 to contribute to the heritage fund. The contribution of
3-34 public funds to the heritage fund shall be a valid public
3-35 purpose for which those funds may be expended.
3-36 Contributions to the heritage fund shall be irrevocable
3-37 and shall not include any limitation upon the use of such
3-38 contributions except as permitted by this article.
-3-
4- 1 12-3-635.
4- 2 After July 1, 2001, any state or local public or
4- 3 governmental entity is authorized to transfer moneys to
4- 4 the heritage fund. Transfer of funds under control of any
4- 5 state or local public or governmental entity shall be a
4- 6 valid public purpose for which those funds may be
4- 7 expended. Such transfers shall be irrevocable and shall
4- 8 be used only for the purposes contained in Code Section
4- 9 12-3-632.
4-10 12-3-636.
4-11 The General Assembly may provide for the dedication and
4-12 deposit of revenues from specific sources into the
4-13 heritage fund.
4-14 12-3-637.
4-15 Contributions and revenues deposited in or transferred to
4-16 the heritage fund shall not lapse to the general fund at
4-17 the end of the fiscal year.
4-18 12-3-638.
4-19 (a) The department shall establish by rules the purposes
4-20 for which contributions and transfers to the heritage fund
4-21 may be made. Such purposes shall be consistent with the
4-22 purposes contained in Code Section 12-3-632. Those rules
4-23 shall be promulgated by the Board of Natural Resources
4-24 pursuant to Chapter 13 of Title 50, the 'Georgia
4-25 Administrative Procedure Act,' notwithstanding any
4-26 exclusion or exemption otherwise provided in that chapter.
4-27 (b) Subject to appropriations to the department, the
4-28 department may make and execute contracts, agreements, and
4-29 other instruments for the purpose of facilitating
4-30 transfers to the heritage fund.
4-31 (c) The department shall establish the manner of
4-32 disbursement of any funds appropriated to it pursuant to
4-33 this article.
4-34 12-3-639.
4-35 (a) In the budget report to the General Assembly, as a
4-36 separate budget category entitled 'heritage fund
4-37 proceeds,' the Governor shall estimate the amount of net
4-38 proceeds and treasury earnings thereon to be credited to
4-39 the heritage fund during the fiscal year and the amount of
4-40 unappropriated surplus to be accrued in the fund at the
-4-
5- 1 beginning of the fiscal year. The sum of estimated net
5- 2 proceeds, treasury earnings thereon, and unappropriated
5- 3 surplus shall be designated heritage fund proceeds.
5- 4 (b) In the budget report the Governor shall further make
5- 5 specific recommendations as to the purposes for which
5- 6 appropriations should be made from the heritage fund. The
5- 7 General Assembly shall appropriate from the heritage fund
5- 8 by specific reference to it. All appropriations of
5- 9 heritage fund proceeds to any particular budget unit shall
5-10 be made together in a separate part entitled, identified,
5-11 administered, and accounted for separately as a distinct
5-12 budget unit for heritage fund proceeds. In any
5-13 appropriations Act, no more than 25 percent of the
5-14 heritage fund proceeds shall be appropriated for assisting
5-15 local governments with grants to be used for the
5-16 acquisition and improvement of parks and recreational
5-17 facilities, and no more than 75 percent of the heritage
5-18 fund proceeds shall be appropriated for use for the other
5-19 purposes authorized in paragraph (2) of subsection (c) of
5-20 Code Section 12-3-632. Funding for recreation grants
5-21 shall be appropriated to one or more executive branch
5-22 agencies and shall be awarded by such agency or agencies
5-23 through a competitive grant process which shall be equally
5-24 open to all units of local government and shall be subject
5-25 to Article 5 of Chapter 5 of Title 28, the 'Fair and Open
5-26 Grants Act of 1993.' Such appropriations shall otherwise
5-27 be made in the manner required by law for appropriations.
5-28 (c) Appropriations of heritage fund proceeds not committed
5-29 during the fiscal year shall lapse to the heritage fund
5-30 account in the state treasury and thereafter may be
5-31 appropriated only as authorized in this Code section.
5-32 (d) Except as qualified by this article, appropriations of
5-33 heritage fund proceeds shall be subject to Part 1 of
5-34 Article 4 of Chapter 12 of Title 45, the 'Budget Act.'
5-35 (e) In calculating net revenue collections for the revenue
5-36 shortfall reserve and midyear adjustment reserve, the
5-37 state auditor shall not include heritage fund proceeds.
5-38 (f) Funds appropriated to the department pursuant to this
5-39 Code section may be used to match federal, state, local,
5-40 or private funds which are made available for purposes
5-41 consistent with those set forth in subsection (c) of Code
5-42 Section 12-3-632, and lands purchased or acquired with
5-43 state matching funds as permitted in this Code section may
-5-
6- 1 be acquired by the United States or any county,
6- 2 municipality, or other local government.
6- 3 12-3-640.
6- 4 (a) There is created a Land, Water, Wildlife, and
6- 5 Recreation Heritage Fund Advisory Council composed of 15
6- 6 members appointed by the Governor for four-year terms.
6- 7 There shall be at least one member from each congressional
6- 8 district in the state. Members of the council shall
6- 9 include representatives from the business community,
6-10 members of the general public, and representatives from
6-11 public organizations which have an expressed interest in
6-12 issues relating to the environment, historic preservation,
6-13 wildlife, and recreation.
6-14 (b) A majority of members of the council shall constitute
6-15 a quorum. Vacancies on the council shall be filled by
6-16 appointment by the Governor to serve the remainder of the
6-17 applicable term.
6-18 (c) The members of the council attending meetings of such
6-19 council, or attending a subcommittee meeting thereof
6-20 authorized by such council, shall receive no salary but
6-21 shall be reimbursed for their expenses in attending
6-22 meetings and for transportation costs as authorized by
6-23 Code Section 45-7-21, which provides for compensation and
6-24 allowances of certain state officials.
6-25 (d) The functions of the council shall be to:
6-26 (1) Review, comment upon, and make recommendations to
6-27 the department on appropriate expenditures to be made
6-28 from the heritage fund;
6-29 (2) Monitor the implementation of any recommendations
6-30 that are accepted;
6-31 (3) Encourage the contribution of funds to the heritage
6-32 fund from appropriate sources; and
6-33 (4) Perform such other functions as may be specified for
6-34 the council by the department.
6-35 12-3-641.
6-36 The department shall annually report to the General
6-37 Assembly on its use of heritage funds appropriated to the
6-38 department pursuant to this article."
-6-
7- 1 SECTION 2.
7- 2 Article 1 of Chapter 5 of Title 48 of the Official Code of
7- 3 Georgia Annotated, relating to general provisions regarding
7- 4 ad valorem taxation, is amended by striking Code Section
7- 5 48-5-8, relating to the manner and time of making the state
7- 6 ad valorem tax levy, and inserting in its place a new Code
7- 7 Section 48-5-8 to read as follows:
7- 8 "48-5-8.
7- 9 The levy for state taxation shall be made by the Governor
7-10 with the assistance of the commissioner. Each year, as
7-11 soon as the value of the taxable property is substantially
7-12 known by the commissioner, the commissioner shall assist
7-13 the Governor in making the state levy. Immediately after
7-14 the Governor has made the state levy, the commissioner
7-15 shall send to each tax collector and tax commissioner
7-16 written or printed notices of the Governor's order.
7-17 Pursuant to Article III, Section IX, Paragraph VI of the
7-18 Constitution, the commissioner shall transfer annually to
7-19 the Land, Water, Wildlife, and Recreation Heritage Fund
7-20 the amount specified by Code Section 12-3-633."
7-21 SECTION 3.
7-22 This Act shall become effective on January 1, 2001, upon
7-23 ratification by the voters of this state at the 2000
7-24 November general election of that proposed amendment to
7-25 Article III, Section IX, Paragraph VI of the Constitution
7-26 authorizing the General Assembly to provide for the creation
7-27 of a Land, Water, Wildlife, and Recreation Heritage Fund and
7-28 to provide for payments into the heritage fund; provided,
7-29 however, that if such amendment is not so ratified, this Act
7-30 shall be null and void and shall stand repealed in its
7-31 entirety.
7-32 SECTION 4.
7-33 All laws and parts of laws in conflict with this Act are
7-34 repealed.
-7-
Secretary of the Senate
Frank Eldridge, Jr., Secretary
Last Updated on 05/15/00
